M/S. URVASHI IMPEX Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned Advocates appearing for the respective parties, the matter is taken up for final disposal.

(2.) Captioned writ petition is by the petitioner, seeking to challenge the attachment notice no. T.T.C.B./Recovery/368/2023-34 dtd. 25/10/2023 (hereinafter referred to as "the attachment notice") issued by the respondent no. 2 Textile Traders Cooperative Bank Ltd. (hereinafter referred to as "the bank"). Petitioner, had availed of a cash credit facility of Rs.1,50,00,000.00. Apropos which registered equitable mortgage for securing the said cash credit facility was executed between the petitioner on one hand and the bank on other. According to the petitioner, owing to inflation, there was a default in paying the installment which, led to the issuance of the notice by the bank. The petitioner, had filed reply to the notice admitting the amount and expressing willingness to pay the remainder amount.

(3.) Mr. Aditya Gundecha, learned Advocate appearing for the petitioner submitted that the petitioner has in the earlier round of litigation, challenged the order dtd. 5/1/2023 passed by the tribunal which, was listed for hearing on 25/1/2023 and for further hearing on 30/1/2023 and this Court was pleased to dismiss the writ petition, reserving the order. The order was not uploaded and the petitioner was awaiting the same. The bank has issued the attachment notice dtd. 25/10/2023, which exercise, is impermissible considering the fact that the petitioner would like to file an appeal against the dismissal of the writ petition by this Court.